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WYHA? TTAB Finds "INFUSED CIGARS" Generic for ... Guess What?

I don't smoke cigars, so I though an infused cigar was a cigar that would explode when you lit the fuse. Apparently not. The Board affirmed a refusal to register INFUSED CIGARS for cigars, finding it to be a generic term for cigars infused with flavor. Would You Have Appealed this refusal? In re Jonathan Drew, Inc. dba Drew Estate, Serial No. 78979742 (December 31, 2009) [not precedential].The Board began by finding that the genus of goods is "cigars" and it ruled that the relevant public includes not only cigar "aficianodos" but also "ordinary members of the general public."As to the meaning of the term, Examining Attorney Priscilla Milton relied on dictionary definitions of "infused," and on website and Lexis/Nexis evidence showing that, as applied to cigars, the word refers to "cigars that are flavored, or have been treated or processed in some way to absorb a flavor...continue to full post

Full post as published by The TTABlog on January 13, 2010 (boomark / email).